Applicant Name: ?????
Application Receipt Date: 070718
Prior Review Prior Review Date: None
I. Applicant Request
Request: Upgrade Reason Change RE Code Change
Issues: See DD Form 293 and attached documents submitted by the applicant.
II. Were Proper Discharge and Separation Authority procedures followed?
Yes No Tender Offer: ?????
See Attachments: Legal Medical Minority Opinion Exhibits
III. Original Character of Discharge
Unit CDR Recommended Discharge: Date: 990609
Discharge Received: Date: 990702
Chapter: 5-18 AR: 635-200
Reason: Physical Condition Not A Disability
RE: SPD: LFV
Unit/Location: E Trp, 1-4 CAV, APO, AE
Time Lost: None
Article 15s (Charges/Dates/Punishment): NA
Court-Martials (Charges/Dates/Punishment): NA
Counseling Records Available: Yes No
IV. Soldiers Overall Record
Year/Month: 7210
HOR City, State: Ecru, MS
Current ENL Date: 970919 Current ENL Term: 4 Years ?????
Current ENL Service: 01 Yrs, 09Mos, 14Days ?????
Total Service: 04 Yrs, 06Mos, 06Days ?????
Previous Discharges: RA 941229-970918
Highest Grade: E-4
Performance Ratings Available: Yes No
MOS: 13B10 Cannon Crewmember GT: 101 EDU: HS Grad Overseas: Germany Combat: None
Decorations/Awards: AAM, NDSM, ASR, OSR
V. Post-Discharge Activity
Post Service Accomplishments: None listed
VI. Facts, Circumstances, and Legal Basis for Separation
a. Facts and Circumstances:
The evidence of record shows that the applicant was diagnosed with Attention Deficit Disorder and an Adjustment Disorder with depressed mood. On 7 June 1999, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 5-18, AR 635-200, by reason of physical condition, not a disability with a general, under honorable conditions discharge specifically for failure to report and failure to follow orders on multiple occasions. He was advised of his rights. The applicant consulted with legal counsel, was advised of the impact of the discharge action, and did not submit a statement in his own behalf. The unit commander subsequently recommended separation from the service. The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with a general, under honorable conditions discharge. On 11 June 1999, the separation authority directed that the applicant be discharged with a characterization of service of general, under honorable conditions.
b. Legal Basis for Separation:
Army Regulation 635-200 provides the basic authority for the separation of enlisted personnel. Paragraph 5-18 specifically provides that a soldier may be separated for other physical or mental conditions not amounting to a disability under Army Regulation 635-40, which interferes with assignment to or performance of duty. The regulation requires that the condition interferes with the soldiers ability to perform duty, and requires that the diagnosis be so severe that the soldiers ability to function in the military environment is significantly impaired. Army Regulation 635-200 states that a soldier being separated under this paragraph will be awarded a characterization of service of honorable, under honorable conditions, or an uncharacterized description of service if in entry-level status. A general, under honorable conditions discharge is normally inappropriate for individuals separated under the provisions of Chapter 5-18 unless properly notified of the specific factors in his/her service that warrant such characterization.
c. Response to Issues, Recommendation and Rationale:
After a careful review of all the applicants military records for the period of enlistment under review and the issue he submitted, the analyst recommends that relief be denied in this case. A mental status evaluation by competent medical authority diagnosed the applicant with an attention deficit disorder and an adjustment disorder with depressed mood. The unit commander subsequently recommended separation under provisions of AR 635-200, Chapter 5, paragraph 5-18, by reason of other physical or mental condition not amounting to a disability, with a general under honorable conditions characterization of service. The analyst was satisfied that all the requirements of law and regulations were met and the rights of the applicant were fully protected throughout the separation process. Furthermore, at the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of 3 and a reason of "Physical Condition, Not a Disability" as stipulated by Army Regulation 635-5-1, no other reason is authorized based on the diagnosis. Eligibility for veteran's benefits (to include educational benefits under the Montgomery GI Bill) does not fall within the purview of the Army Discharge Review Board. Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance. Therefore, the analyst determined the narrative reason for discharge was both proper and equitable and recommends to the Board to deny relief.?????
VII. Summary of Army Discharge Review Board Hearing
Type of Hearing: Date: 080716
Location: Washington DC
Did the Applicant Testify? Yes No
Counsel: NA
Witnesses/Observers: None
Exhibits Submitted: NA
VIII. Board Decision
The discharge was: Proper Improper
Equitable Inequitable
The characterization of service was: Proper Improper
Equitable Inequitable
The narrative reasons were: Equitable Inequitable
DRB voting record: Change 0 No change 5 - Character
Change 0 No change 5 - Reason
(Board member names available upon request)
IX. Board Discussion, Determination, and Recommendation
After carefully examining the applicants record of service during the period of enlistment under review and considering the analysts recommendation and rationale, the Board determined that the discharge was both proper and equitable and voted to deny relief.
X. Board Action Directed
No Change
Issue a new DD Form 214
Change Characterization to:
Change Reason to: NA
Other: NA
RE Code:
Grade Restoration: No Yes Grade: None
XI. Certification Signature and Date
Approval Authority:
MARK E. COLLINS
Colonel, U.S. Army
President, Army Discharge Review Board
Official:
CHRISTINE U. MARTINSON DATE: 080718
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE
Case Number AR20070009967
______________________________________________________________________
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